Sunday 1 February 2015

Presumed Guilty By Failing Grayling

Jamie Doward writes:

Red-faced Ministry of Justice (MoJ) officials have been forced to deny claims that they had dismantled a centuries-old cornerstone of British law in advice that the ministry gave to people facing criminal trials.

The principle in question is the presumption of a person’s innocence until proved guilty, a right whose origins can be traced back to Magna Carta, which has its 800th anniversary this year.

In an embarrassing turn of events, the department hastily took down its new “easy read” guide, which explains to people with learning difficulties what they can expect if they are accused of a crime and say they are not guilty.

The guide, complete with a drawing depicting such a scenario, explained: “If you say you did not do the crime, you may have to go back to the court on a different day, to show the court you did not do the crime.”

But as the legal blogger Jack of Kent explained:

“The MoJ tells defendants that they have to prove they are innocent. This is a reversal of the actual burden of proof – it is, of course, for the prosecution.

The presumption of innocence is one of the most fundamental tenets of the law.

While legal scholars debate how exactly it evolved, most agree that it owes a debt to Magna Carta, which stipulated that “no free man is to be arrested, or imprisoned… or in any other way ruined, nor will we go against him or send against him, except by the lawful judgment of his peers or by the law of the land.”

Experts suggested the MoJ document had been produced before anyone with legal experience had read it and claimed it was a sign of a government department that was riven with internal problems.

“What makes this particularly worrying is that it is in an official document – supposed to be authoritative and reliable – aimed at people with learning difficulties facing trials for serious crimes,” Jack of Kent explained.

An MoJ spokesman said the guide had been removed while it was being reviewed.

“Easy-read guides are an important way of providing information to people in simple and straightforward language,” the spokesman explained. “It is crucial to ensure these documents are precise and as helpful as possible.”

The decision to remove the guide came before a major announcement by the MoJ concerning plans to end the “revolving door” of reoffending among ex-prisoners.

Probation officers will now be required to draw up a plan for an offender’s rehabilitation within the first few days of them entering prison, then support them throughout their time in jail and when they are released into the community.

The MoJ claims that the reforms will help ex-offenders beat drug and alcohol addictions, and find secure homes and jobs.

In a bid to help them develop new skills, some prisoners will make sandbags, fence posts and other products used by the army.

No comments:

Post a Comment